Question

UPSC Prelims 2021 Question:

What is the position of the Right to Property in India?

1. Legal right available to citizens only
2. Legal right available to any person
3. Fundamental Right available to citizens only
4. Neither Fundamental Right nor legal right

Answer (Detailed Solution Below)

Option 2: Legal right available to any person

Detailed Solution

Explanation:

Originally, the Right to Property was a fundamental right under Article 19 (1) (f) and Article 31. Article 19(1) (f) ensures that any person's right against his property remains protected. Article 31, on the other hand, guaranteed to every person, whether citizen or non-citizen, right against deprivation of his property.
However, the 44th Constitutional Amendment Act, 1978, removed the Right to Property from the list of Fundamental Rights and made it a legal right under Article 300-A in Part XII of Indian Constitution.
Article 300A states that: No person (not only limited to citizens) shall be deprived of his property save by the authority of law.

Therefore, option (2) is the correct answer.

Subject: Polity | Fundamental Rights

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